Often representing sponsoring blue-chip employers and trustees across a wide range of pensions disputes, Dentons has a strong track record across defined benefit and defined contribution schemes; this is complemented by its experience in advising on life assurance arrangements and healthcare trusts, in addition to public sector schemes. Alongside disputes concerning surplus distribution, buy-outs, and member complaints, the department is well-placed to assist on data breach incidents and ESG issues. Eleanor Hart heads the practice and is well-versed in a wide range of pensions disputes including those with cross-border aspects. Having joined in the second half of 2023, Carolyn Saunders is another highly regarded practitioner with a strong understanding of ESG-related matters.
Testimonials
Collated independently by Legal 500 research team.
‘The team is relatively small but has individuals who are equally adept at contentious and non-contentious matters. This has real benefits on contentious matters with a technical background as one partner and one associate can provide the necessary technical and litigation expertise.’
‘Carolyn Saunders combines considerable technical knowledge and experience of some of the most complex and important pensions cases of the last few decades. She is very good to work with. An accomplished public speaker, she is extremely well known in the market and is often called upon to comments on legislative or other developments.’
Key clients
- BCA Pension Trustees Ltd
- Wardell Armstrong
- Bus Employees Pension Trustees Limited
- NBPF Pension Trustees Limited
Work highlights
- Advising on a compromise on behalf of the trustees in order to compromise a section 75 debt claim against the employers (but the terms of the compromise require court approval). This claim arose, following the buy-out of all benefits with an insurer, when it was discovered that the pensions secured for over 1,300 members were too low because it had been wrongly assumed normal retirement ages for men and women were equalised at age 65 in 1991. Various issues have arisen that threatened to derail the compromise including tax liability on the payments to members and GMP equalisation. The trustees have now obtained clearance from HMRC on the complex tax issues. A hearing to approve the compromise is expected in 2024.
- Advising the associated/connected parties of a company in administration on an investigation by the Pensions Regulator that steps in the lead up to its insolvency and subsequent restructuring may have materially impacted the scheme in a detrimental manner. The firm advised the associated/connected parties on a more than eighteen month request for information from the Pensions Regulator into the restructuring to tight deadlines, as well as putting forward a detailed rescue proposal.
- Advising a client on auto-enrolment compliance issues. Advising on these issues was particularly sensitive as the client is under constant spotlight from the media and has a unionised workforce. The firm was able to provide concise and risk-based advice in response to the complex issues relating to non-compliance with the auto-enrolment requirements, reflecting on our experience of enforcement action by the Pensions Regulator.
Practice head
The lawyer(s) leading their teams.
Eleanor Hart